Terms of Use

This website (“Site”) is owned and operated by Blue Diamond Growers, a California Corporation (“we”, “our,” or “us”). These Terms of Use apply to any access or use of the Site by you (“you,” “your,” or “User”). By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE. Please check back periodically as the Terms of Use may change from time to time.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Site, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.

Restrictions on Use

You are responsible for your access or use of the Site.

Without limitation to the generality of the rest of these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”). You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

You may request additional permissions to use any Site Content by contacting us as described on the Site. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions. You may make no use of the Site Content not expressly allowed in these Terms of Use until and unless we contact with you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

Additionally, you may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

Your Messages, Requests, or Other Comments or Content to or for Us

The Site may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Risk of Loss

All items purchased from the online store on and accessible through the Site are made pursuant to a shipment contract. The risk of loss and title to items pass to the purchaser upon our delivery of the items to the carrier.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY SITE CONTENT.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE SITE (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY CONTENT ON IT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Changes to Terms of Use

If at some point in the future, there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access, browse, or otherwise use the Site, you agree to be legally bound by any such new Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Sacramento, California; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective: May 7, 2010.

Privacy Policy

This website (“Site”) is owned and operated by Blue Diamond Growers, a California Corporation (“we”, “our,” or “us”). This Privacy Policy discloses our collection of information through any use of the Site by you (“you,” “your,” or “User”) and how we may use the information. By accessing, browsing, or otherwise using the Site, you acknowledge and consent to our collection and use of information as set forth in this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR CONSENT TO THIS PRIVACY POLICY. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY POLICY. Please check back periodically as this Privacy Policy may change from time to time.

The Information We Collect and How We Use It

The Site is a general-audience website, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you should not and may not provide any personal information to us through or on the Site.

When you order online, we collect your name, shipping and billing addresses, telephone numbers, e-mail address, and preferred shipping methods in order to deliver your orders promptly and to the proper location. When shipment for a gift is made to someone else, we also collect the recipient's name and address. Your credit card information is used for billing purposes.

Throughout our site, we provide our customers with the opportunity to receive e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. We will always give you the option of whether or not to receive these. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.

The Site may allow you otherwise to contact us and submit a message, request, or other other comments or other content (individually and collectively, “User Message”) or make requests. During those processes, we may collect your name, name of your company or organization (if applicable), the nature of that company or organization (if applicable), address, city, state, e-mail address, and other contact or similar information. We may use that information to contact you in relation to the subject of your User Message. If you have indicated that you would like to receive e-mails or mailings from us apart from the subject of your User Message, we will use your contact information to send you e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.

We may release personal information when we believe release is necessary to comply with law. We may also exchange information with third parties for fraud protection and credit risk reduction.

We may use third party organizations that assist us in delivering electronic mail or coupons, providing customer service, or shipping products to you. They may use personal information to perform their functions.

If we acquire or merge with other companies, or were to be acquired, customer information is generally one of the transferred business assets.

IP Address

We track IP addresses (the Internet address of your computer) for system administration purposes. IP addresses are logged per the user's session and help us determine how often areas on our site are visited. In most cases, we view and delete the information immediately. We never link an IP address to a specific customer.

Cookies

Cookies are identifiers that are transferred to your computer's hard drive through your Web browser to keep track of, if applicable, your shopping cart and remember your selections while you are ordering. We do not use cookies to retrieve any personal information about you from your computer.

Security

The Site has security measures in place intended to protect the loss, misuse, and alteration of the information under our control. We are committed to the protection of your personal and order information. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.

Removal from Mailings

To be removed from our e-mail or mailing lists, you may respond to the e-mails that we send out with your request for removal, or you may send an e-mail to feedback@bdgrowers.com. There may be some lag time between our receipt of your request and our being able to update our lists. Thank you for your patience in this regard.

Links

The Site may include links to other websites owned or operated by third parties. We may do this for the convenience of you and other users of the Site, but we do not have control over the operation of these third-party websites. Please consult those websites’ privacy policies or otherwise with the owners or operators of those websites to learn about any information collection or usage at or by those websites.

International Visitors

This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, or processed in the United States. The data protection and other laws of the United States might not be as comprehensive as those in your country. By accessing or using the Site, or by providing any of your information to us through the Site, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

Notification of Changes

If at some point in the future, there is a change to our information usage practices that affect your personal information, we will post these relevant changes on the Site.